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C.1476.AYRES-CURTIS.1552.DOCX (DO NOT DELETE) 3/17/15 7:41 PM 1476 i a n a y r e s & Q u i n n c u r t i s Beyond
women’s health and safety,” asserting that “n our circuit we do not balance the wisdom or effectiveness of a law against the burdens the law imposes.” In
supra note 41, at 797, 820 n.40 (adding that the “follow the flag” understanding of the I… Burnett, supra note 41, at 797, 820 n.40. Her intervention
authority is astounding. See, e.g., Gardley-Starks v. Pfizer, Inc., 917 F. Supp. 2d 597, 604 n.4 (N.D. Miss. 2013) (noting that “sixty-six decisions
will never distort either party’s incentives. The key to understanding this property of the median outcome rule is as follows. Consider any set of N
; id. at 947 n.123 (debt ceiling). For additional examples, see MANN & ORNSTEIN, supra note 17, at 50; Peter M. Shane, When Inter-Branch Norms Break
note 29, at 72-73 (“[I]n order for judicial independence to be sustained, political competition needs to be at some intermediate level. If the system
pro… See infra Section II.C.2. In perhaps the most famous example, Madison wrote, “The accumulation of … Mortenson & Bagley, supra note 1, at 299 n
N.Y. Times Co. to Unseal Wiretap & Search Warrant Materi- als, 577 F.3d 401, 410 & n.4 (2d Cir. 2009) (warrant proceedings). 43. Wood, supra note 39
would thus attach only in circumstances 84. See, e.g., Chen & Rodden, supra note 13, at 335-44; Elmendorf, supra note 42, at 391 n.64; Elmendorf et